Updated March 21, 2025 to include all of 2024 data and trends.

Pierce Atwood's Class Action Defense group is pleased to present this New England and First Circuit Class Action Tracker, which focuses on the filings and decisions in state and federal courts within the boundaries of the First Circuit in New England. With decades of national class action experience and offices in every First Circuit state, our goal is to serve as a primary resource for companies that face class litigation in Massachusetts, Maine, New Hampshire, and Rhode Island, as well as to provide timely information about significant class action developments, strategies, and trends on a national level. For in-depth analysis and discussion, visit our blog First Class Defense. For questions on the information presented in this tracker, please contact Melanie Conroy at 617.488.8119 or mconroy@pierceatwood.com.

First Circuit Class Action Filing Trends

In 2024, there were 444 total state and federal class action filings in the New England courts within the bounds of the First Circuit. This total represents a sustained trend of increased class action filings in New England class action from prior years.

New England Class Action Filings by Year - State and Federal

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From 2019 through 2023 state and federal court class action filings in New England displayed a U-shaped trend, with an average of 374 new cases per year. Pre-pandemic filings in 2019 totaled 419, dropping to an average of 345 filings per year in the 2020-2022 period that was defined by the COVID-19 pandemic. Filing rates rebounded in 2023, with a total of 413 filings. In 2019, filing trends were driven by a surge in state court filings, but in 2023, new filings were focused in federal courts.

In 2024, both state and federal filings increased markedly. Year-over-year, total class action filings in 2024 rose 7.5% over 2023 levels, and have, for the first time, exceeded pre-pandemic levels. These trends have been observed even when excluding transferred multidistrict filings. If these 2024 trends continue into 2025, total state and federal court class action filings in New England may soon reach a historical high point. 

2024 New England Class Action Filings by Case Type - Federal

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Case Type	Total
Data Security/Privacy	116
Consumer/Product Liability	36
Labor/Employment	46
Securities/ERISA	23
Civil Rights/Environmental	9
Antitrust	105
Other

Federal class action cases in New England filed in 2024 reflect an continued onslaught of cybersecurity and data privacy litigation arising from data breaches and the alleged unauthorized disclosure and/or use of consumer information, including TCPA claims.

The most asserted theories underlying data security and privacy class action claims were the exposure of personally identifiable information in a data breach and the receipt of unsolicited telephone calls and text messages.

There were also significant levels of cases based on labor-related claims on behalf of employees, followed by consumer fraud and product liability claims, and then claims relating to securities fraud and employee retirement funds. Antitrust class action activity followed a national trend of new claims based on algorithmic pricing determinations.

2024 New England Class Action Filings by Industry - Federal

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Industry	Total
Healthcare	36
Tech/Telecom	17
Retail/Manufacturing	33
Financial/Prof. Services	58
Insurance	5
Government	5
Education	8
Biotech/Pharma	16
Food/Hospitality	2
Transportation	9
Entertainment/Travel	7
Real Estate	1
Construction	1
Energy	2
Other	4

Federal class action cases in New England filed in 2024 have primarily targeted the professional services, health care and retail/manufacturing industries, particularly in connection with cybersecurity and data privacy class action litigation. There were also significant levels of filings that targeted defendants in the technology and biotech/pharma services industries. 

New England Class Action Filings by Court - Federal

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Federal District Court	2019	2020	2021	2022	2023	1Q 2024	2Q 2024	3Q 2024	4Q 2024	2024
Massachusetts	179	246	168	177	242*	48*	70*	51*	44*	213
Maine	12	29	11	7	4	1	16	1	3	21
New Hampshire	7	10	10	12	9	0	2	5	2	9
Rhode Island	16	29	23	10	12	3	6	3	18	30
Total	214	314	212	206	267	52	94	60	67	273

^{*Note that the 2023 and 2024 federal filings in the District of Massachusetts does not include the hundreds of cases that were transferred and consolidated into the lead case In re: MOVEit Customer Data Security Breach Litigation (1:23-md-03083) pursuant to the transfer order from the Judicial Panel on Multidistrict Litigation dated October 4, 2023 transferring all listed actions to the District of Massachusetts and assigning them to Judge Allison D. Burroughs for consolidated pretrial proceedings.}

The overwhelming majority of federal class action cases in New England filed in 2024— nearly 80% — were filed in the District of Massachusetts, followed by the District of Rhode Island, the District of Maine, and the lowest levels of filings in the District of New Hampshire. This trend is consistent with prior years.

New England Class Action Filings by Court - State

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State Court	2019	2020	2021	2022	2023	1Q 2024	2Q 2024	3Q 2024	4Q 2024	2024
Massachusetts	186	39	115	113	129	29	38	39	48	154
Maine	12	8	4	4	8	2	1	1	0	4
New Hampshire	0	3	3	6	9	1	3	4	1	9
Rhode Island	7	1	3	5	0	0	0	1	3	4
Total	205	51	125	128	146	32	42	45	52	171

The vast majority of state court class action cases in New England filed in 2024  — more than 90% — were filed in the Commonwealth of Massachusetts, with 17 total class action filings in other state courts. This trend is consistent with prior years.

Sources: Westlaw, Courthouse News Service